The costs of ‘convening’. Whether the person requesting a meeting of creditors, pursuant to 5.6.15(1)(b) of the Corporations Regulations 2001 (Cth) be called is only liable for the costs of calling the meeting.
Author: Andrea L Mapp
Assets purchased by a bankrupt from his or her exempt income vest automatically in the bankruptcy trustee
Whether inconsistency between Div 4B of Pt VI, s 58(1)(b) in Div 4 of Pt IV and s 116 of Pt VI of the Bankruptcy Act 1966 (Cth)
Application of Personal Properties Securities Act 2009 (Cth) and the operation of section 588FL and section 588FN of the Corporations Act 2001 (Cth)
Consideration of ‘special federal matter’ within the meaning of s 6(1) of the Jurisdiction of Courts (Cross Vesting Act) 1987 (Cth)
Whether application seeking a declaration for or against the title of the trustee to a trustee in bankruptcy under s 58(1)(a) of the Bankruptcy Act 1966 (Cth) is a ‘special federal matter’ within the meaning of s 6(1) of the Jurisdiction of Courts (Cross Vesting Act) 1987 (Cth).
Can shares acquired with income below threshold amount to after-acquired property vesting in trustee under the Bankruptcy Act?
Examination of whether shares purchased from a bankrupt’s income below the threshold amount in respect of which he was required to make contributions to his trustee under Division 4B of Part 6 of the Bankruptcy Act 1966 (Cth) is within the meaning of “after acquired property” in s 58(1).
Perfection requirements of transitional security interests under the Personal Property Securities Act 2009 (Cth)
Appeal from liquidators’ decision to reject claim for the return of cleaning equipment subject to retention of title. Consideration of retention of title clauses and the application of the transitional security agreements under Personal Property Securities Act 2009 (Cth).
Challenge to creditor standing on application to wind up appellant company on grounds of insolvency. Standing examined with reference to bona fides of the appellant’s asserted counter claim and circumstances surrounding the failure of appellant to take steps to advance asserted counter-claim or demonstrate solvency. Court held respondent had standing as a creditor in accordance with s 459P(1)(b) Corporations Act 2001 (Cth).
An application for an inquiry into the conduct of receivers and managers of the assets and undertaking of a corporation based in Western Australia pursuant to section 423 of the Corporations Act 2001 (Cth). The decision highlights the importance of exercising commercial judgment when considering appointments.
The power of the Court to modify the operation of the UNCITRAL Model Law on Cross-Border Insolvency.